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RIGHTS THE COST OF EQUALITY T The Australian Government recently passed historic legislation that will affect lesbians on social security. Fiona Murray reports. he changes to 84 pieces of legislation eliminated discrimination to same-sex couples in areas such as social security, Medi- care, superannuation, veterans affairs, taxation and employment. The motivation for the changes, according to the government, is that “people are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexuality.” While some of these laws have commenced, others will come into effect after July 1 this year. From July 1, as a result of changes to social security law, same-sex couples in a de facto relationship will be offi cially recognised as partners by Centrelink. Important benefi ts that have previously been denied to same-sex couples will be available. According to Centrelink, couples could now be eligible for partner concession cards, bereavement benefi ts if a partner dies, and recognised as independent if on Youth Allowance and in a relationship for over 12 months. Since the lesbian community has long fought for the same rights and recognition as heterosexual couples, it seems that the legislation changes are cause for celebration. But will the July 1 reforms really lead to a more equal society and more benefi ts for lesbian couples? Unfortunately, many will have unwelcome changes to their Centrelink payment, or stop being entitled to a payment, when their rate of payment is calculated using their partner’s income and assets. Some of the most disadvantaged will be those on unemployment or single parent benefi ts. Hayley Conway, co-convenor of the Victorian Gay and Lesbian Rights Lobby explains: “In terms of Centrelink, these changes will predominantly affect those who can least afford it while the benefi ts that offset the costs of these reforms are not being felt by the same people.” One woman refl ects: “[My partner] is the moth- er of two young children, receiving a Parenting Payment and Family Tax Benefi t. Once I’m suddenly seen as a real life partner after July 1, she will receive 50% less of her Parenting Payment. Being seen as one household means my Newstart payments could decrease. I will continue to work and raise the kids and hope I have enough to save for a more secure future.” Some of the couples most affected are those raising children while also receiving Centrelink payments such as the Parenting Payment and Child Care Benefi t. Because Australian law still doesn’t fully recognise same-sex parenting rights, many couples will be fi nancially disadvantaged whilst one parent still has no legal rights to their children. While the new legislation aims to end discrimination, a lack of parental rights is still a major disadvantage and huge stress for same-sex couples with children. In this area, real equality has been denied, and a lack of changes to legal parenting makes the aims of the July 1 reforms meaningless to many couples. KNOW YOUR RIGHTS 1. Register your family for the Medicare Safety Net. 2. Nominate your partner as a superannuation benefi ciary. 4. Same-sex de facto partners have equal rights in inheritance laws but wills make it easier to behalf of an incapacitated partner. 5. Check your employment agreement. Make sure your leave entitlements and workplace distribute your property after you die. 6. Make sure your same-sex partner and kids are included in your private health cover. benefi ts include your partner and kids. 7. If you’re living in a same-sex de facto relationship and receiving a Centrelink payment, you need to declare your relationship to Centrelink from July 1, 2009. A lack of changes to legal parenting makes the aims of the July 1 reforms meaningless to many couples. As explained by a woman who may lose up to $597 a fortnight, “I know how lucky we have been to have had these benefi ts, however they are changing these laws for ‘equality’ yet if I go back to the family courts I am still not recognised as [the child’s] parent. How is that equality? If anything happened to my partner or we split up I would have zero rights to [the child].” Furthermore, the older lesbian community has expressed concerns that couples receiving a senior’s pension will be forced to ‘out’ themselves or risk facing the consequences of hiding their relationship status from Centrelink. This is a potentially traumatic experience for those who have never had to offi cially ‘out’ themselves before, or those who may have reason to hide their relationship status from their family or community. It has been suggested that the new laws are a way for the government to avoid other gay rights issues, such as marriage. In the opinion of one woman affected by the changes: “The government can use Centrelink to keep walking the fi ne line it has just drawn with the opposition and Independents; recognising same-sex relationships, while 3. Same-sex partners have equal rights to visit a partner in hospital and make decisions on 8. 9. When you fi ll out your tax return, declare your relationship to ensure your eligibility for family rebates is properly assessed. 10. Same-sex couples are protected from discrimination in employment, the 11. Keep records of your relationship, such as joint bills, leases or holiday photos 12. Declare your relationship on the Census to make sure same-sex in case you are asked to prove your relationship. couples count. not ‘damaging’ the institution of marriage.” The government may look good after providing some new entitlements, but the same-sex / same entitlement reforms actually highlight the discrimination the government still supports. Conway states: “We cannot marry because the government considers our relationships to be fundamentally different, and therefore lesser, than heterosexual ones. Until this is rectifi ed, no one can claim equality within Australian society.” Since moving in with my partner I, like many of my lesbian friends, have deliberated over one question in my Centrelink form: ‘Do you live with a partner?’ I was used to ticking ‘no,’ because I knew Centrelink didn’t recognise same-sex relationships. I wanted to avoid having to explain myself and then be denied recognition if I answered honestly. Meanwhile, when my partner was on Youth Allowance payments she always declared her relationship status because she felt it was an important part of her life that she didn’t want to lie about. After the queer community’s long battle for rec- ognition of same-sex relationships, am I a traitor for not being honest about my relationship status? Or am I (as lesbians have done throughout history) simply taking advantage of our ability to slip under the radar? Claiming a full Centrelink benefi t was a perk of being in an unrecognised relationship. There is a tension between the symbolic notion of equality and what it feels like on a practical level. Like many people after July 1, I will be feeling torn between integrity and fi nancial security. Checklist from the Gay and Lesbian Rights Lobby NSW. Go to glrl.org.au. lotl.com • LOTL Magazine 19 provision of goods and services, and accommodation — some exemptions apply. Apply to have your child’s birth certifi cate amended. Lesbian de facto couples who have children together through assisted conception are recognised as legal parents.